R KASTHURI Vs. R RAVEENDRAN

JUDGEMENT

(1.) This Letters Patent appeal is directed against the judgment of the learned Single Judge in C.M.A.No.517 of 1995. The appellant herein is the wife and the respondent is her husband.

(2.) The husband filed a petition under section 25 of the Guardian and Wards Act on the file of District Court, Sivaganga against his wife praying for the custody of their child. The petitioner and the respondent were married in the year 1986, and one male child was born on 11.4.1988. It is the case of the husband that at the instigation of the mother and brother of his wife, misunderstanding arose between them and the wife left the matrimonial home on 2.7.1991 taking the child with her. Subsequently, some mediators intervened to resolve the dispute and the dispute was resolved and she came back to the matrimonial home to join her husband on 13.4.1991 and lived with him. She again left the matrimonial home on 2.7.1991 taking the child with her. The husband filed H.M.O.P.No.8 of 1991 on the file of Subordinate Judge's Court, Devakottai for restitution of conjugal rights. On 14.9.1992, both the parties filed a joint endorsement before the Court and on the basis of the joint endorsement, the H.M.O.P. No.8 of 1991 was dismissed.

(3.) According to the husband, the wife is employed in a bank which is situate 15 kilometres away from her mother's house and she used to leave for office at 8 a.m. and return only at 8 p.m. daily and the wife is not physically present all the day to look after the child. According to the husband, the child was subject to ill-treatment and torture at the hands of the mother of the wife and they were not looking after the child properly. Hence, the husband filed the petition for the custody of the child stating that he would take care of the child with the help of his mother.